Will 5 million bank loans be sentenced if they can't escape?

The 5 million bank loan cannot be repaid, which is a civil dispute and will not be investigated for criminal responsibility and imprisoned. Only when the court decides and refuses to implement it can it bear criminal responsibility.

Legal analysis

If it is a legal loan, the procedures are complete, and there is no subjective intention to defraud the loan, the two parties only belong to the loan contract dispute, which belongs to the civil dispute and does not involve criminal responsibility, so whether they run away or not, they will not be sentenced. If you really don't have the money to execute the property, you won't be sentenced, but if you have the ability to execute it, if the circumstances are serious, you will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine. If you owe money due to business relations and are unable to repay it due to poor normal operation, this is a normal civil relationship. If the enterprise that owes the loan is a limited liability company, you only need to bear limited liability for all the property of the company, and you can't afford to repay all the 5 million yuan, so you don't need to bear any responsibility. If the enterprise belongs to a sole proprietorship enterprise, individual industrial and commercial households or partnership enterprise, and the assets of the enterprise are insufficient to pay off the debts, it still needs to bear the responsibility with the property belonging to the individual and the property of the partners, and it can be paid off by installments. If the money is borrowed in the name of an individual, if the borrowed money belongs to normal use and cannot be repaid, it also belongs to a civil relationship, and it will be gradually repaid with personal property. If debts are formed in the name of enterprises or individuals by illegal means such as fraud, or the property is hidden by illegal means after debts are formed by normal means, the ultimate goal is illegal possession, which constitutes the crime of fraud. Whoever cheats 5 million yuan shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

legal ground

Article 313 of the Criminal Law of People's Republic of China (PRC) refuses to execute the judgment or ruling of the people's court, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.